Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 2290, Apr. 6 | Printed Page 2310, Apr. 6 |
Printed Page 2300 . . . . . Thursday, April 6, 1995
Rep. STILLE explained the Bill.

Rep. McTEER moved to adjourn debate upon the Bill.

Rep. TOWNSEND moved to table the motion, which was agreed to.

Rep. HALLMAN spoke against the Bill.

Rep. STILLE spoke in favor of the Bill.

Rep. HALLMAN moved to table the Bill.

Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:

Yeas 18; Nays 78

Those who voted in the affirmative are:

Brown, J.        Brown, T.        Canty
Cobb-Hunter      Fulmer           Hallman
Harrell          Herdklotz        Howard
Kinon            Limehouse        Lloyd
Moody-Lawrence   Neal             Robinson
Scott            Seithel          White

Total--18

Those who voted in the negative are:

Allison          Anderson         Askins
Bailey           Breeland         Brown, G.
Brown, H.        Cain             Carnell
Cato             Chamblee         Clyburn
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Gamble           Govan
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Hines
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan

Printed Page 2301 . . . . . Thursday, April 6, 1995
Kelley           Kennedy          Klauber
Knotts           Koon             Law
Marchbanks       Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Neilson
Phillips         Quinn            Richardson
Riser            Sandifer         Sharpe
Shissias         Simrill          Smith, R.
Spearman         Stille           Stuart
Thomas           Townsend         Trotter
Vaughn           Walker           Wells
Whatley          Whipper, S.      Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Total--78

So, the House refused to table the Bill.

SPEAKER IN CHAIR

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

H. 3840--OBJECTIONS WITHDRAWN

Reps. WALKER, MEACHAM and FLEMING withdrew their objections to the following Bill.

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF

Printed Page 2302 . . . . . Thursday, April 6, 1995
CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

H. 3827--MOTION TO RECONSIDER TABLED

The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on the following Bill until April 25 was taken up.

H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO

Printed Page 2303 . . . . . Thursday, April 6, 1995
DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE
Printed Page 2304 . . . . . Thursday, April 6, 1995
THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.

Rep. FELDER moved to table the motion to reconsider.

Printed Page 2305 . . . . . Thursday, April 6, 1995
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Yeas 86; Nays 8

Those who voted in the affirmative are:

Allison          Askins           Bailey
Brown, G.        Brown, H.        Brown, T.
Byrd             Cain             Canty
Carnell          Cave             Chamblee
Clyburn          Cobb-Hunter      Cotty
Dantzler         Delleney         Easterday
Elliott          Fair             Felder
Fleming          Gamble           Govan
Hallman          Harrell          Harris, P.
Harrison         Haskins          Herdklotz
Hines            Howard           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Kinon            Klauber
Knotts           Koon             Limehouse
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Neal             Neilson
Phillips         Quinn            Rice
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Smith, R.
Spearman         Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Witherspoon      Wofford
Worley           Wright

Total--86


Printed Page 2306 . . . . . Thursday, April 6, 1995
Those who voted in the negative are:
Cato             Davenport        Kirsh
Meacham          Moody-Lawrence   Richardson
Simrill          Walker

Total--8

So, the motion to reconsider was tabled.

H. 3320--DEBATE ADJOURNED ON MOTION TO RECONSIDER

The motion of Rep. G. BROWN to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. SHEHEEN moved to adjourn debate upon the motion to reconsider until Tuesday, April 11.

Rep. WITHERSPOON moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 35; Nays 56

Those who voted in the affirmative are:

Allison          Brown, T.        Cain
Cato             Chamblee         Easterday
Elliott          Fair             Hallman
Harrell          Harris, P.       Haskins
Hutson           Keegan           Kelley
Kennedy          Lanford          Limehouse
Marchbanks       Martin           McTeer
Meacham          Riser            Seithel
Sharpe           Stille           Thomas
Townsend         Trotter          Vaughn

Printed Page 2307 . . . . . Thursday, April 6, 1995
Walker           Wells            Whatley
Witherspoon      Worley

Total--35

Those who voted in the negative are:

Anderson         Askins           Bailey
Breeland         Brown, G.        Brown, H.
Canty            Cave             Clyburn
Cobb-Hunter      Cotty            Cromer
Dantzler         Delleney         Fleming
Gamble           Govan            Harris, J.
Harrison         Herdklotz        Hines
Inabinett        Jaskwhich        Jennings
Kinon            Kirsh            Knotts
Koon             Law              Lloyd
Mason            McCraw           McElveen
McKay            McMahand         Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rice             Richardson
Rogers           Sandifer         Scott
Sheheen          Simrill          Smith, R.
Spearman         Whipper, L.      Whipper, S.
White            Wilder           Wofford
Wright           Young, A.

Total--56

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to adjourn debate on the motion to reconsider until Tuesday, April 11, which was agreed to.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION

Printed Page 2308 . . . . . Thursday, April 6, 1995
LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.

H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR

Printed Page 2309 . . . . . Thursday, April 6, 1995
TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.

RECURRENCE TO THE MORNING HOUR

Rep. CATO moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 6, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Passailaigue and Peeler of the Committee of Conference on the part of the Senate on H. 3361:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.

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